In the post-pandemic world, the role of the procurement function within Commonwealth, state and local public bodies has taken on a new importance - the pressure is on to procure more smartly, spend less and collaborate with others in purchasing.

Our strong presence in Canberra and deep relationships across government have helped us assist clients with some of Australia’s most complex and high-value procurement matters.

Our work

We assist our government clients with all aspects of the procurement and contracting lifecycle, including:

• the selection of funding and procurement models;
• drafting approach to market documentation, including for Request for Tender (RFT), Request for Proposal (RFP), Request for Information (RFI) and Expression of Interest (EOI) processes;
• conducting market engagement activities (including during the tendering process);
• providing probity advice and probity auditing services before, during and after the tender process;
• developing and advising on evaluation frameworks and strategies, as well as conducting tender evaluation activities;
• drafting and negotiating contracts (including parallel negotiations and offer definition activities);
• managing competitive procurements, including assisting with industry briefings drafting and responding to clarification questions, assisting with the evaluation of tenders, and drafting feedback to tenders;
• performance and contract management;
• establishing deeds of standing offer with one or more suppliers, including on a whole-of-government basis;
• development of procurement policies and procedures; and
• administering grant processes.
  

Our advice is commercial, pragmatic and politically astute. We have particular skills and experience advising on the Commonwealth financial framework and Commonwealth Procurement Framework, including the Commonwealth Procurement Rules, the PGPA Act and Rule, and agency AAIs.

We can also assist bidders with tendering strategies, preparation of contractual non-compliance tables, contract negotiations, and "in-contract" management issues. Our strong experience working with government enables us to provide advice that is considered and insightful.

Procurement complaints and litigation

Wide-reaching changes to government procurement have recently been implemented around Australia, following the ratification of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and other free trade agreements with Australia's key trading partners. In many jurisdictions, this has meant that a formal structure for dealing with procurement complaints has been implemented for the first time, enabling tenderers to public procurement processes to seek injunctions and damages in certain circumstances, and bringing Australia into line with overseas jurisdictions where bid protests are common.

Our extensive legal and practical knowledge of government procurement processes and our strong litigation expertise mean that we are ideally placed to advise on this growing area. We can assist you with all elements of a procurement challenge, including:

• conducting detailed reviews of tender documents and evaluation processes to advise on the prospects of a procurement challenge;
• making and handling initial complaints; and
• making or resisting requests for additional information to be used as a basis for a claim (including under compulsory production orders and FOI legislation).